The co-owner of an Ottawa security firm was fined $1,500 Thursday for violating Canada’s Copyright Act.
Jean-François Demers, 27, pleaded guilty last week to making counterfeit copies of Microsoft Windows and Office software available for sale.
Demers denied knowing the software was counterfeit when he purchased it from a Chinese website. However, Demers admitted he violated the Copyright Act when he neglected to take down his online ad after a RCMP computer technician who bought copies of the software discovered they were authentic-looking fakes and told him so.
Ontario Court Justice Ann Alder said the public eventually paid for the economic losses incurred by companies from the sale of counterfeit goods. As a result, Alder said she didn’t find it was in the public’s interest to grant Demers the absolute discharge he had been seeking.
Making available counterfeit items for sale carries a maximum fine of $25,000 and six months in jail, Alder said, although the judge recognized that what Demers had done was on the lower end of the scale.
Demers had purchased approximately 420 copies of the programs and had been selling them for several months before being charged. When police searched his home in March, they seized 408 Microsoft programs and four copies of Rosetta Stone language learning software.
Demers had purchased the programs for $25 to $50. He was selling them for between $120 and $150, considerably less than the usual $350 retail price.
Demers spent more than $9,000 purchasing the software, money he has lost, his lawyer said. Demers offered full refunds to several people who purchased the programs after learning they were counterfeit.
The Crown had been seeking a $3,000 fine equivalent to the profits he would have made had he sold the replica software seized by police.
Demers is the co-owner of Armour 1 Security, a fledgling company providing security services.
Source:http://www.ottawacitizen.com/news/Vendor+fined+counterfeit+software+programs/5868134/story.html?cid=megadrop_story

